by mail Scope
These general terms and conditions shall apply for all current and future mail orders by consumers from Upsolut Merchandising GmbH & Co. KG. Consumers in the sense of these general terms and conditions shall be natural persons
with whom a business relationship is established without it being possible to impute any commercial or self-employed business activity to these persons. The purchaser in the sense of these general terms and conditions shall be the consumer.
Offers
Our offers shall be subject to change. We reserve the right to make print-related changes and changes to the shape, colour and/or weight insofar as these are reasonable.
Purchase price
The purchase prices quoted include the statutory value-added tax.
Discount
Members of FC St. Pauli and the chairpersons of registered fan clubs shall be granted a discount of 10% on the goods which are ordered by mail and delivered to the registered address when the membership number is specified. No discount can be granted for articles which have already been reduced in price or for fixed price articles (books).
Conclusion of the contract
By placing an order for goods, the purchaser shall declare bindingly that they want to purchase the ordered goods. We can declare our acceptance of the order either in writing or by supplying the goods to the purchaser.
The contract shall be concluded subject to our suppliers supplying us properly and on schedule. This shall apply only in cases where we are not responsible for non-delivery.
In such a case we shall inform the purchaser without delay about the non-availability of the goods. The purchase price and remuneration for ancillary services shall be reimbursed without delay.
Shipping costs
The minimum order value shall be EUR 12.50. Within Germany we shall deliver free of charge when the order value is EUR 100.00 or higher. For orders with a lower goods value we shall charge a flat rate of EUR 5.00 for delivery in Germany, and a flat rate of EUR 7.00 for cash on delivery. For deliveries within Europe we shall charge a flat rate of EUR 10.00. The minimum order value outside Europe shall be EUR 30,-. The shipping costs for deliveries to countries outside Europe we charge a fee of EUR 20,-.
by the purchaser.
Retention of title
We shall retain the title to the goods until the purchase price and the remuneration for ancillary services have been fully paid. The purchaser shall be obliged to notify us without delay of any access to the goods by third parties, for example in the case of a court order, of any damage to the goods and if the goods are destroyed. If the purchaser should behave in a manner which is contrary to the contract, we shall be entitled to withdraw from the contract and to demand the goods be returned.
Cancellation Policy for the Delivery of Goods
Right of Cancellation
You can cancel your contract declaration in written form (e.g. letter, fax, e-mail) within 14 days without specifying any reasons or by returning the goods before the deadline expires. The time limit begins after receipt of this notice in written form but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and not before fulfilling our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our duty to inform according to § 312g, paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the cancellation of the goods shall be deemed sufficient for compliance with the cancellation term. The cancellation must be sent to:
Upsolut Merchandising GmbH & Co. KG
Friesenweg 7
22763 Hamburg
Tel. 040 - 244 23 244
info@fcstpauli-shop.de
Consequences of Cancellation
In the case of an effective cancellation, the mutually received benefits and any benefits derived (e.g. interest) must be surrendered. If you cannot restitute to us the performance received and its benefits (e.g. benefits of use) or you can only send it in a deteriorated condition, you will be obliged to pay compensation. For the deterioration and derived benefits, you must pay compensation only if the uses or the deterioration are due to handling the item and this is determined by testing the properties and function. "Testing the properties and function" refers to the testing and evaluation of the respective goods as is possible and customary in our store. Any goods eligible for shipping are to be returned at our risk. You must bear the costs of returning the goods if the goods received are the goods ordered and if the price of the item to be returned does not exceed 40 euro, or if the goods cost more and you have not rendered counter performance or partial payment as agreed in the contract at the time of cancellation. Otherwise, the return is free of charge. Please send the goods back to us as an insured package and retain the certificate of delivery. Goods which cannot be shipped will be picked up. Obligations to reimburse payments must be made within 30 days. The period begins with the declaration of cancellation or our receipt of the goods.
Financed Transactions
If you finance the contract with a loan and then exercise your right of return, you are not bound to the loan agreement, provided that both contracts form an economic unit. This is to be assumed in particular if we are also your lender or if your lender in our service at the time of financing. If we have already received the loan at the time the right of cancellation has been exercised or once the goods have been returned, your lender enters into a relationship with you regarding the effects of cancellation or return regarding our rights and obligations from the financed contract. If you want to avoid a contractual obligation to the greatest extent possible, make use of your right of cancellation and cancel the loan agreement if you are also entitled to a right of withdrawal.
Upsolut Merchandising GmbH & Co. KG
Friesenweg 7
22763 Hamburg
Phone 040-244 23 244
info@fcstpauli-shop.de
Returning goods
The purchaser shall have the right to return the goods within two weeks of receiving them. Used audio and data media shall be excluded from this provision.
The right to return goods shall be put into practice by returning them. The time limit shall be complied with if the goods are sent in time.
Costs of returning goods
When the right to return goods is put into practice, the costs of returning them shall be borne by the purchaser in the case of orders valued up to EUR 40.00 unless the goods supplied differ from the goods ordered. We shall bear the costs of returning goods in the case of orders worth over EUR 40.00. The costs shall be borne by reimbursing the amount to a bank account whose details must be given to us. The correct postage must be affixed to all return deliveries; parcels which are not or only insufficiently prepaid shall not be accepted.
Liability of the purchaser
If the goods have deteriorated following proper use of them by the purchaser, the purchaser must provide compensation for lost value.
This shall not apply if the deterioration results from a careful and thorough examination of the goods.
Payment of the remuneration
The remuneration shall consist of the purchase price and remuneration for ancillary services. The purchaser can pay the remuneration by cash on delivery (only in Germany) or credit card. When payment is made by cash on delivery, an additional DHL fee of at present EUR 2.00 shall be due. This shall not be included in our bill. When payment is made by direct debit and incorrect account details are specified or reverse postings are required
for which we do not bear responsibility, back posting fees from the bank (at least EUR 8.00) shall also be charged. We shall retain the right to refuse to use the direct debit procedure in individual cases.
Passing of risk
The risk of the purchased item by change happening to perish or deteriorate shall be passed on to the purchaser when the goods are handed over.
For the handover it shall be irrelevant if the purchaser is delayed in accepting the purchased item.
Warranty
The purchaser shall not receive any guarantees in the legal sense from us. Manufacturer guarantees shall remain unaffected by this. If the goods are defective, the purchaser shall initially have the choice of whether supplementary performance should be provided by having the defect rectified or by means of a replacement delivery. However, we shall be entitled to reject the type of supplementary performance
